That makes sense. The DA will charge with whatever s/he is most likely to win or get a good plea from. I do hope they get something on this guy; he's evidently already done this before. If he's already got a record for this, then it needs to be longer. And if he doesn't have a record for this horrible, reckless behavior, then he should have one.
I imagine the city or whichever entity is responsible for the police precinct/department in charge of the SWAT unit will find themselves with a wrongful death suit.